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G.Sankarabushanam vs E.Devamani
2022 Latest Caselaw 16242 Mad

Citation : 2022 Latest Caselaw 16242 Mad
Judgement Date : 12 October, 2022

Madras High Court
G.Sankarabushanam vs E.Devamani on 12 October, 2022
                                                                                 C.S.No.326 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 12.10.2022

                                                      CORAM

                                  THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

                                               Civil Suit No.326 of 2021
                                                           and
                                         Original Application No.683 of 2021
                                                           and
                                     Applications Nos.3917, 3918 and 4116 of 2021

                      1.G.Sankarabushanam
                      2.Anbuselvi
                      3.N.Rajesh Kumar
                      4.N.Selvakumar
                      5.Arulbhavani
                      6.G.Sivaraj
                      7.Uma
                      8.Prema                                                ... Plaintiffs
                                                        versus

                      1.E.Devamani
                      2.E.Gunamani
                      3.E.Jagadeesan
                      4.E.Lakshmi Sekar
                      5.E.Saroja
                      6.E.Jayaseelan
                      7.E.Rani Ethiraj @ E.Rani
                      8.E.Amudha
                      9.E.Bhaskar
                      10.E.Sridhar
                      11.E.Arul
                      12.E.Devatha

                      1/5



https://www.mhc.tn.gov.in/judis
                                                                                        C.S.No.326 of 2021


                      13.E.Karnal
                      14.E.Ebi
                      15.E.Chandra
                      16.E.Rajan
                      17.E.Ponmudi                                                  ... Defendants



                      Prayer:           The Civil Suit filed under Order VI Rule 1 of the Original Side
                      Rules, read with Order VII Rule 1 of CPC., seeking to pass decree and
                      Judgment against the defendants that to declare that the 1st plaintiff is the
                      absolute owner of Suit B Schedule Property and to declare the plaintiffs are
                      the absolute owners of the Suit C Schedule Property and direct the
                      Defendants 7, 9, 10, 11 & 16 to hand over and deliver vacant possession of
                      the Suit C Schedule property to the plaintiffs and for permanent injunction
                      restraining the defendants, their men, agents, servants, representatives or
                      any one claiming through him/her/them or in trust for him/her/them, from
                      in any manner disturbing plaintiffs peaceful possession and enjoyment over
                      the Suit Schedule B & C property and for the costs of the suit.


                                  For Plaintiffs    : Mr.V.Manohar
                                  For D1 to D17     : Mr.V.Balakrishnan



                                                          JUDGMENT

A Memo had been filed by the learned counsel for the defendants

which is as follows:

https://www.mhc.tn.gov.in/judis C.S.No.326 of 2021

“ In the above-mentioned matter, reject the plaint application Appl NO.4115 of 2021 in CS.No.326 of 2021 was filed and the same was dismissed on 23/03/2022. Against the dismissal order of the Reject the plaint Application Appl NO.4115 of 2021 in CS.No.326 of 2021, Appeal O.S.A.No.230 of 2022 was filed.

It is submitted that the Honble Division bench by its order dated 28.03.2022 allowed the O.S.A.No.230 of 2022 with cost and the plaint in the Suit CS.No.326 of 2021 was rejected.

It is submitted that Honble Division bench by its order dated 28.03.2022 rejected the plaint in the Suit CS.No.326 of 2021, therefore I pray this Hon'ble court to record the order passed in OSA.No.230 of 2022 and dismiss the suit C.S.No.326 of 2021 and thus render Justice.

Dated at Chennai on this the 10th day of October 2022.

Sd/ .......

MS1010/2018 1010/2022 Counsel for Defendants”

https://www.mhc.tn.gov.in/judis C.S.No.326 of 2021

2. The order of the Hon’ble Division Bench of this Court, dated

28.09.2022 in O.S.A.No.230 of 2022 is also enclosed.

3. In view of the same, since the plaint has been rejected, it may be

struck off by the registers of the Court. No costs. Consequently, the

connected applications stands closed.

12.10.2022

Index:Yes/No Speaking Order : Yes/No ssi

https://www.mhc.tn.gov.in/judis C.S.No.326 of 2021

C.V.KARTHIKEYAN,J., ssi

C.S.No.326 of 2021

12.10.2022

https://www.mhc.tn.gov.in/judis

 
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